Citywise: Oakland's Harborside faces eviction

Harborside Health Center, the nation's largest medical cannabis dispensary is going to court later this month to try to fight an eviction notice.

The dispensary ignored a three-day notice from its landlord, Ana Chretien, demanding that it stop doing business by Aug. 13. It filed a motion asking a judge throw out the eviction because Harborside hasn't violated its lease and openly disclosed that its purpose to dispense medical cannabis.

The motion is scheduled to be heard on Sept. 18.

Federal prosecutors are seeking to seize Harborside's headquarters from their owners because the dispensary violates federal drug laws.

The eviction case forced the disclosure of Harborside's lease agreement, which the dispensary had previously kept guarded. Harborside is currently paying $19,836 a month in rent for its 8,265-square-foot retail shop and office in an industrial zone at 1820 Embarcadero in Oakland. That amounts to $2.40 cents a square foot, roughly 25 percent above market rates, real estate professionals said.

Oakland's Quan not compelled to testify

A federal magistrate on Friday denied a motion to compel Mayor Jean Quan to be deposed by attorneys seeking to put the Oakland Police Department under federal control.

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The attorneys, Jim Chanin and John Burris, asked that Quan be compelled to appear for her rescheduled deposition on Sept. 25 after the mayor canceled her previously scheduled deposition last week to attend a special City Council meeting. Although United States Magistrate Judge Nathanael Cousins denied the motion, he wrote that he would reconsider it and also "consider punitive sanctions" if Quan again fails to appear for the deposition.

Meanwhile, shortly before midnight on Wednesday, the city filed declarations from several top officials including Police Chief Howard Jordan and City Administrator Deanna Santana regarding claims made against Robert Warshaw, the monitor overseeing Oakland's police department. The declarations are under seal.

Last month the city filed court papers informing U.S District Court Judge Thelton Henderson, who will decide whether to strip city control of the police department, that it was investigating alleged inappropriate statements Warshaw had made to city leaders. It was later revealed that the city was alleging that Warshaw had made sexual advances on Santana. The incident has fueled speculation that the city is seeking to have Warshaw removed as monitor -- a move that could potentially impact the effort to put the police department under federal control.

San Leandro council picks finalists

The San Leandro City Council on Tuesday narrowed the field of candidates to fill a short-term vacancy on the council.

Eight residents applied for the open District 4 spot created when Joyce Starosciak resigned in August. The term is only through the end of December.

The finalists are Dana Chohlis, Tom Dlugosh, John Faria and Charles Kane.

The council rejected the applications of three candidates who are running in the November election in District 4 -- Chris Crow, Darlene Deavu and Benny Lee -- along with that of David Erlich. Justin Hutchison, who is also a District 4 council candidate in the November election, did not apply for the opening.

The council will interview the remaining four applicants on Sept. 13 and select one to fill the vacancy.

Faria is a former mayor of San Leandro, and Dlugosh serves on the city Planning Commission. Kane is on the city Recreation and Parks Committee, and Chohlis is a teacher.

Fremont to review smoking ordinance

The Fremont City Council has asked staff to review the city's smoking ordinance and provide council members with revisions that further regulate secondhand smoke.

The Council voted 4-0 -- with Councilman Dominic Dutra absent -- in favor of the review on Tuesday, after Councilwoman Sue Chan recommended it. Chan noted that the American Lung Association has given Fremont a grade of 'D' for its smoking regulations. The city also received consecutive 'D' grades in the following categories:

smoke-free outdoor air protection;

smoke-free multiunit housing developments;

reducing sales of tobacco products.

Chan has called for improved health protections from smoke in several areas of the city, including public events, recreation areas, sidewalks in commercial areas, construction sites and shared space in multiunit housing developments.

AT&T, Oakland spar over police radios

AT&T says tests so far do not show that its cell towers are causing the interference with Oakland police radios and that the city has stalled on providing key information about the location and times of radio interference and the geographic scope of Oakland's public safety wireless system.

In a letter to City Attorney Barbara Parker, AT&T General Attorney John Di Bene detailed the telecom giant's frustration with the city's handling of the interference issue, stating that the city postponed a meeting earlier this week because AT&T's in-house counsel was present.

The city last month identified interference from AT&T cell towers as the primary reason that its new, $18 million public system radio has been plagued by poor audio and dead zones.